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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. As to the sentence imposed by the court below (one year and six months of imprisonment), the defendant asserts that the prosecutor is too unfeasible and unfair as it is too unfasible.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime committed by the Defendant in collusion with China, etc. on his name, and thus, is not highly likely to commit the instant crime in a planned and systematic manner against many unspecified victims. The crime committed by the Defendant is not likely to have committed the instant crime in collusion with the Defendant in a planned and systematic manner. The crime committed by the instant crime was committed by five victims due to the instant crime, and the total amount of damage is up to KRW 1250,500,000,000,000,000
Since the method of intimidation, etc. includes methods, the fact that the method of crime is very poor is disadvantageous.
On the other hand, the fact that the defendant recognized and reflected the crime, that the defendant was the first offender who did not have a criminal record, that the defendant did not lead the crime, and that the profits acquired are only 6 million won.
The court below set the punishment against the defendant by comprehensively taking into account the above favorable circumstances and unfavorable circumstances, and there is no new change in circumstances that could change the punishment of the court below in the trial.
When comprehensively considering the sentencing conditions, such as the Defendant’s age, sex, environment, etc., as shown in such circumstances and the hearing of the lower court and the party, and the scope of the recommended punishment according to the sentencing guidelines (one year and six months to three years), the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to have been too heavy or so unfair.
3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.